By the Select Committee
appointed to report whether the provisions of any bill inappropriately
delegate legislative power, or whether they subject the exercise
of legislative power to an inappropriate degree of parliamentary
scrutiny; to report on documents laid before Parliament under
section 3(3) of the Deregulation and Contracting Out Act 1994
and on draft orders laid under section 1(4) of that Act; and to
perform, in respect of such documents and orders, the functions
performed in respect of other instruments by the Joint Committee
on Statutory Instruments.

SPECIAL IMMIGRATION
APPEALS COMMISSION BILL [HL]

1. This bill
establishes a new body - the Special Immigration Appeals Commission
- to hear appeals in immigration and asylum cases. Clause 4 empowers
the Lord Chancellor to make rules "for regulating the exercise
of the rights of appeal conferred by" Clause 2 and for prescribing
the practice and procedure to be followed by the Commission.
The power is extensive, covering the mode and burden of proof
and admissibility of evidence (subsection (1)(b)); limitation
on the right to legal representation (subsection (2)); restriction
of appellant's right to full particulars of reasons (subsection
(3)(a)); and holding proceedings in absence of appellant and his
legal representative (subsection (3)(b)). Rules are subject to
affirmative procedure (Clause 4(9)). The Committee considers
this appropriate for rules of such potential width and importance.

2. There
is a simple commencement power in Clause 5(2). Clause 5(3) provides
for an Order in council to extend any of the provisions of the
bill (with adaptations and modifications) to the Isle of Man or
any of the Channel Islands. This, as is customary, is not subject
to Parliamentary procedure.

3. The
House may wish to consider carefully the potential width and importance
of rules under Clause 4. Whilst the provision of the affirmative
procedure gives some comfort, nevertheless the rules made under
this section could limit what are normally regarded as fundamental
rights of fair procedure. The Committee therefore views it as
admirable and indeed essential that the Minister undertook during
the Second Reading debate[1]
to make a draft of the rules available to the House to assist
the detailed consideration of the bill in Committee.

4. There
is nothing else in the bill which the Committee wishes to draw
to the attention of the House.

WIRELESS TELEGRAPHY BILL [HL]

5. This bill amends the Wireless Telegraphy Act 1949 to change the basis for charging for licences to install or use radio equipment. At present those fees are set by regulations so as to recover the costs of licensing. The bill changes this to allow fees (other than for television licences) to take account of other factors or to be determined by auction.

6. Clause
1 sets out the basic power to make regulations about fees. Clause
2 sets out the matters to be taken into account by the Secretary
of State in prescribing fees. Clause 3 is a separate power to
make regulations establishing a procedure for allocating particular
licences by auction. Clause 6 makes regulations under Clause
1 or 3 subject to negative procedure. Clause 9(3) provides for
an Order in Council to extend all or any of the provisions of
the bill (with adaptations and modifications) to the Isle of Man
or any of the Channel Islands. This, as is customary, is not
subject to Parliamentary procedure.

7. There
is nothing in the bill to which we draw the House's attention.

REFERENDUMS (SCOTLAND AND WALES) BILL

8. Clause
1 of the bill provides for a referendum in Scotland and Clause
2 for one in Wales. Subsection (1) of each of these Clauses provides
for the date of the referendum to be fixed by Order in Council.

9. Subsection
(1) of Clause 3 allows an Order in Council under Clause 1(1) or
2(1) to include "provision relating to the conduct of the
referendum" including provision applying any enactment (including
subordinate legislation). Subsection (2) makes the provisions
in Clauses 1(3) and 2(3) (about who can vote) subject to any provision
in an Order in Council about disregarding alterations made to
registers after a specified date. Subsection (3) of Clause 3
makes the process of legislating by Order in Council subject to
the affirmative procedure.

10. The Committee
considers that the Order in Council power is an appropriate way
of providing the detailed procedure for holding a referendum.
The affirmative procedure gives appropriate Parliamentary control.
These provisions of the bill are similar to those in the Referendum
Act 1975.

11. There
is nothing in the bill to which we draw the House's attention.

NATIONAL HEALTH SERVICE (PRIVATE FINANCE) BILL [HL]

PHARMACISTS BILL [HL]

BUSINESS IMPROVEMENT
DISTRICTS BILL [HL]

12. There
are no delegated legislative powers in these bills to which it
is necessary to draw the House's attention.